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Jack Duran, president of Denver Carpet Installation, Inc., began negotiations with Fred and Zuma Smith for the sale and installation of carpeting, carpet padding, tile,

  1. Jack Duran, president of Denver Carpet Installation, Inc., began negotiations with Fred and Zuma Smith for the sale and installation of carpeting, carpet padding, tile, and vinyl floor covering in their home. Duran drew up a written proposal that referred to Denver Carpet as the seller and to the Smiths as the customer. The proposal listed the quantity, unit cost, and total price of each item to be installed. The total price of the job was $4,777.75. Although labor was expressly included in this figure, Duran estimated the total labor cost at $926. Mrs. Smith in writing accepted Durans written proposal soon after he submitted it to her. After Denver Carpet delivered the tile to the Smith home, however, Mrs. Smith had a disagreement with Denver Carpets tile man and arranged for another contractor to perform the job. Denver Carpet brought an action against the Smiths for breach of contract. Does the UCC apply to this contract? Please discuss.

  1. State Assemblyman Davidson helped enact a law requiring all faculty members teaching within the state to submit their class material to a board of censors to be sure that no lewd materials were presented to students at State universities. Professor Berman would like to challenge this law as violating his First Amendment rights under the U.S. Constitution.

May Professor Berman challenge this law in the State Z courts? Please explain.

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